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THE PEOPLE’S PAPERS NO. 9
Threats to Religious Freedoms and Expression

The First Amendment to the United States Constitution guarantees one of the most essential and sacred liberties within the framework of American democracy: the freedom of religion. It reads, in part:

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof..."

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This seemingly simple clause—the Establishment Clause and the Free Exercise Clause—forms the bedrock of religious freedom in the United States. It is a dual commitment to two fundamental principles: that the government shall not establish or endorse any religion, and that individuals are free to practice their religion without undue government interference. This commitment to religious liberty is not merely a legal protection; it is a defining characteristic of the American experiment, rooted in centuries of struggle, persecution, and philosophical evolution.

The First Amendment's religious clauses serve dual purposes:

The Establishment Clause forbids the government from establishing an official religion or unduly favoring one religion over another.

The Free Exercise Clause protects individuals' rights to practice their religion freely, without government restriction, as long as it does not violate public morals or a compelling governmental interest.

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These two clauses work in tandem to ensure that the government remains neutral in religious matters. This balance fosters a pluralistic society where individuals of all faiths—or none at all—can coexist. To understand why religious liberty was enshrined in the Constitution, one must first understand the historical backdrop against which the Founding Fathers operated. In much of Europe during the 16th and 17th centuries, religion and governance were tightly connected. National churches were common, and objectors often faced harsh punishment.

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In England, for instance, the Anglican Church was the state religion, and those who refused to conform to its doctrines and rituals—Puritans, Catholics, Quakers, and others—were subject to persecution. Laws penalized individuals who refused to attend Anglican services, and public office was limited to those who conformed to the state church.

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This environment of religious intolerance and state-sponsored religion drove many to flee to the New World. The Pilgrims who settled in Plymouth in 1620 and the Puritans who established the Massachusetts Bay Colony were seeking religious freedom—but often only for themselves. Ironically, some of these groups persecuted rejectionist within their own colonies.

 

Despite some colonies' intolerance, others became havens for religious freedom. Rhode Island, founded by Roger Williams, was notable for its broad religious tolerance. Williams was a strong advocate for the separation of church and state and believed that civil government should not interfere with religious matters.

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Pennsylvania, founded by William Penn, a Quaker, was also a bastion of religious liberty. Penn’s “Holy Experiment” allowed individuals of various faiths to coexist and worship freely. Maryland, though originally a haven for Catholics, also developed policies of religious toleration.

These colonial experiments laid the groundwork for a new understanding of religious liberty—not merely as a privilege granted by rulers but as an inalienable right of the people.

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The 18th-century Enlightenment provided critical philosophical support for religious freedom. Thinkers such as John Locke articulated the idea that individuals have natural rights, including the right to freedom of conscience. Locke’s Letter Concerning Toleration argued that civil government should concern itself with civil interests—life, liberty, health, and property—not with the souls of men. The Founding Fathers were influenced by these Enlightenment principles. Thomas Jefferson and James Madison, in particular, were strong advocates of religious liberty. Jefferson’s Virginia Statute for Religious Freedom, passed in 1786, declared:

"No man shall be compelled to frequent or support any religious worship, place, or ministry whatsoever..."

This statute laid the intellectual groundwork for the First Amendment. Madison, who would later be known as the "Father of the Constitution," echoed these sentiments in his Memorial and Remonstrance Against Religious Assessments, where he argued against state-supported religion.

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At the Constitutional Convention of 1787, the issue of religion was approached with caution. The original Constitution made minimal mention of religion—largely to avoid controversy—but the lack of explicit protections for religious liberty became a concern during the ratification debates.

In response, the First Congress proposed the Bill of Rights in 1789, and the First Amendment was ratified in 1791. The inclusion of religious freedom was not an afterthought; it was a response to widespread demand from citizens who wanted to ensure that the new federal government would not replicate the religious oppression of the Old World.

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Over time, the U.S. Supreme Court has played a critical role in interpreting the religious clauses of the First Amendment. In Everson v. Board of Education (1947), the Court held that the Establishment Clause applies to state and local governments, not just the federal government. Justice Hugo Black famously wrote that the clause erected a "wall of separation between church and state."

In Engel v. Vitale (1962), the Court ruled that official prayer in public schools violated the Establishment Clause, even if the prayer was nondenominational.

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In Wisconsin v. Yoder (1972), the Court held that Amish parents could not be forced to send their children to school past the eighth grade, as it violated their religious beliefs—an affirmation of the Free Exercise Clause. These and many other cases reflect the dynamic and evolving understanding of religious liberty in American life. Despite the constitutional protections, freedom of religion continues to face challenges in the modern era: Conflicts arise when religious beliefs clash with government regulations—such as in cases involving contraceptive mandates, LGBTQ rights, abortion, or vaccination requirements. Religious minorities, especially Muslims, Sikhs, and Jews, have faced increasing scrutiny, particularly in the post-9/11 context.

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Each of these issues tests the balance between protecting religious freedom and maintaining a secular government. The protection of religious freedom serves multiple purposes in a democratic society. By allowing individuals to worship (or not) according to their conscience, the United States has become one of the most religiously diverse nations in the world. Separation of church and state ensures that religious institutions do not control government and vice versa. Protecting minority rights, including religious freedom, helps prevent sectarian conflict. The Founders understood that liberty of conscience was not just a privilege but a right that governments must respect. Jefferson, Madison, and others left behind a legacy of thought that continues to inform debates about the role of religion in public life.

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As we move forward in an increasingly pluralistic and interconnected world, the principles enshrined in the First Amendment remain a guiding light. Protecting religious freedom requires constant vigilance, not just in courts and legislatures but in the hearts and minds of the American people.

Freedom of religion is not a static right—it is a living principle that must be nurtured, protected, and applied thoughtfully in changing circumstances. Its inclusion in the First Amendment is a testament to its importance in the American constitutional order. Rooted in a history of struggle, persecution, and enlightenment, it stands today as a symbol of what a free society can achieve when it values conscience over coercion. That means respecting the rights of others to believe as they choose, opposing efforts to establish state religion, and ensuring that government remains a neutral arbiter in the diverse religious landscape that defines our nation. In doing so, we uphold one of the highest ideals of our republic: that freedom of belief is not granted by the government, but protected from it.

 

Recent developments have posed unprecedented challenges to this ideal. Modern threats to religious freedom are not merely theoretical; they are tangible, pervasive, and increasingly politicized. Among the most alarming developments is the rise of Christian nationalism, the government-funded dissemination of religious propaganda, and the blurring of church and state lines in recent judicial decisions, particularly in the controversial overturning of Roe v. Wade.

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Christian nationalism is a political ideology that seeks to merge American identity with a specific brand of conservative Christianity. Proponents of this ideology argue that the United States was founded as a Christian nation and should be governed by Christian principles. While personal faith has always played a role in American political life, Christian nationalism takes it further by advocating for the imposition of religious values through law and policy. The most concerning aspect of Christian nationalism is its inherent exclusivity. It does not merely advocate for Christian values but rather promotes the notion that America is, and should only be, for Christians. This rhetoric and ideology effectively marginalize other religious groups, particularly Muslims and Jews, as well as secular individuals.

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Incidents of Islamophobia and antisemitism have been on the rise, and they are often fueled by this dangerous ideological wave. Politicians and public figures who subscribe to or tolerate Christian nationalist views contribute to an environment of religious intolerance. Muslim Americans find themselves scrutinized, surveilled, and excluded from civic life. Jewish Americans face the dual burden of antisemitic conspiracy theories and the invalidation of their faith traditions.

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Another alarming development is the use of taxpayer money to support religious initiatives, particularly those aligned with Christian nationalist objectives. Government grants and public funding have increasingly gone to organizations that promote a narrow vision of Christianity. This use of public funds not only violates the principle of church-state separation but also disadvantages other faith traditions by denying them equal access to public resources.

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Programs in public schools, such as prayer or the promotion of creationist theories over established scientific facts, often blur the line between education and indoctrination. In some cases, students who do not adhere to the dominant Christian belief system are ostracized or penalized, creating a hostile environment that directly contradicts the spirit of the First Amendment.

Such practices mirror the historical grievances that led the founding fathers to enshrine religious freedom in the Constitution. Colonists fled Europe in search of a land where they could practice their faiths without government interference. To now see government-funded propaganda supporting one religious ideology over others is to witness a betrayal of this founding vision.

 

Perhaps the most controversial and illuminating example of religion's encroachment into public policy is the Supreme Court's decision to overturn Roe v. Wade. While the court framed its decision as a matter of constitutional interpretation, the underlying motives and implications cannot be ignored. The ruling aligns with specific Christian moral teachings on the sanctity of life and rejects the broader religious and philosophical diversity that exists around the issue of abortion.

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Many religious groups—including Jewish, Muslim, and certain Christian denominations—do not hold a monolithic view on abortion. In Judaism, for example, the life and health of the mother are often given primacy, and abortion is permitted in a variety of circumstances. Islam similarly allows for abortion under specific conditions, particularly when the mother's life is at risk. By nullifying the constitutional right to abortion, the Supreme Court imposed a particular religious perspective on an entire nation, thereby disregarding the pluralism that the First Amendment is designed to protect.

This decision has sparked widespread protests and has rekindled the debate over the role of religion in public life. The intersection of personal faith and public policy becomes problematic when legal mandates begin to reflect the doctrines of a particular faith, rather than the broader ethical and philosophical reasoning that a diverse society demands.

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While Christian nationalism and Supreme Court decisions are the most visible threats, they are not the only ones. Religious discrimination in the workplace, hate crimes targeting religious institutions, and zoning laws that restrict the building of mosques and synagogues are all part of the broader landscape of religious suppression. The Department of Homeland Security and other federal agencies have documented a significant increase in hate crimes against religious minorities, yet little has been done to address the root causes. Instead of fostering dialogue and inclusion, the political climate has grown increasingly hostile. This is not a coincidence. It is a calculated strategy to consolidate power by appealing to a narrow, exclusionary vision of national identity.

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The founding fathers were adamant about the importance of religious freedom. Jefferson’s Virginia Statute for Religious Freedom, a precursor to the First Amendment, explicitly rejected any state endorsement of religion. Madison, in his "Memorial and Remonstrance Against Religious Assessments," warned against government involvement in religious affairs, arguing that it would lead to the erosion of both civil and religious liberties.

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Today’s reality, however, stands in stark contrast to these founding principles. The government is not merely tolerating religious influence; in many cases, it is actively participating in and promoting it. This shift represents a dangerous departure from the constitutional framework that has, until now, safeguarded religious freedom.

 

One of the most insidious aspects of current threats to religious freedom is the selective application of constitutional protections. Christian nationalists often invoke the First Amendment when their views are challenged but show little concern for the rights of other religious groups. This hypocrisy undermines the very notion of religious liberty. True religious freedom means that all individuals—regardless of their faith—can live, worship, and express their beliefs without fear of government reprisal or societal discrimination. It means that policies must be shaped not by doctrine but by democratic principles and respect for human rights.

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Addressing these threats requires a multi-faceted approach. First and foremost, there must be a recommitment to the constitutional principle of church-state separation. This includes repealing laws and defunding programs that privilege one religion over others. It also involves holding public officials accountable when they use their positions to promote religious ideologies. Education is another critical component. Schools must teach the true history and purpose of the First Amendment, emphasizing the importance of religious diversity and tolerance.

Finally, civil society must play a proactive role. Religious organizations, human rights groups, and individual citizens must speak out against religious discrimination in all its forms. Whether it manifests as Christian nationalism, antisemitism, Islamophobia, or any other form of intolerance, it must be confronted with courage and clarity. The threats to religious freedom in contemporary America are real and growing. The constitutional promise of religious liberty is being eroded before our eyes. The same government that was designed to protect all faiths now seems poised to elevate one at the expense of others.

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But all is not lost. The Constitution remains a powerful tool in the hands of an informed and active citizenry. By reaffirming our commitment to the First Amendment and the vision of the founding fathers, we can resist the encroachments of religious authoritarianism and preserve the pluralistic democracy that America was meant to be.

The People's Papers

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